Friday, October 7, 2011

Chapter 3: Freedom of Speech

Name Rob Feind Class time: 11am
KEEP THIS TO 1-3 – PAGES LONG (EXCLUDING REFERENCE PAGE)

Author: Sara Baase
Date of Publication: 2008
Book: “A Gift of Fire”
Sections read: 3.1.1 – 3.3.4

1. (Knowledge)Tell three interesting elements of this chapter:
a. While the government has extensive control over television and radio broadcasting (Baase, 146), they struggle to exert the same control over an entity such as the internet.
b. Some governments can easily filter out what can be searched on the internet; for example, Saudi Arabia blocks sites on the Bahai Faith and sites dealing with the holocaust (Baase, 172).
c. Some large companies decide to work with countries who impose strict filters on its people, such as when Google made it’s Chinese counterpart, google.cn (Baase, 174)

2. (Comprehension) Summarize what is being discussed within this chapter?

Freedom of speech is a very important issue with the internet, and there are valid arguments for both restricting and upholding it. While the government has stopped regulating books as much, they have a strong grip on broadcasting such as TV and radio (Baase, 145). With the introduction of common carriers (such as the internet), this became troublesome; the government couldn’t control the content, due to the carriers having no legal responsibility for what is poster (146). The Telecommunications Act of 1996 was made, stating this exact principle (147). When the Communications Decency Act of 1996 was declared unconstitutional, it was to be said the internet needs the least amount of government intrusion possible (147). The issue of pornography on the internet has also stirred much controversy, though Wired magazine says it’s already in magazines and just as accessible to anyone (149). Miller v. California of 1973 declared what is obscene; it must depict sexual activity whose depiction is strictly prohibited by law, it depicts the act in an offensive manner, and it has no serious literary/artistic/social/political/scientific value (151). While the Communications Decency Act made it a crime to made such info to minors, a child could easily find it online, and the bill was deemed unconstitutional (152). Under this idea, even things such as Shakespearian plays or the bible could be banned from the internet (153). The Child Online Protection Commission came along, advocating filters – and unlike the other ideas this one had some decent support (154). Nevertheless, filters don’t always work, and it even lets things such as filesharing get past it (156). The Children’s Internet Protection Act passed, asking schools and libraries to install filters, and in return they would get funded for it (the reason it was deemed constitutional) (158). Info on questionable material (ie: bomb making) is alright, as long as the author isn’t directly advocating for illegal activity (159). Spam is an increasing problem, and it was estimated in 2006 over 30 billion were sent per day (161). After Cyber Promotions, a notorious email selling site, put a suit against AOL for blocking their spam, AOL made further battles to stop the reach of spammers (AOL won the suit) (161). “Challenge-Response” spam filtering is a technique where the spam sender has to do a simple task to send the email, so it proves it’s a real person and not an automated account (163). There was also the idea of attaching a small price to emails to “certify” them, which some believe is a surefire way to help slow down spam (164). The CAN-SPAM Act of 2004 stated that commercial emails must have a valid header info, return address and physical post address; deceptive subject lines are prohibited (165). Certain software also raised some issues; software like Quicken and Nolo Press were blocked by courts, as it helps people do things that only experts otherwise could (167). Posting and selling sensitive materials can also cause controversy; when yahoo took their “adult” merchandise down due to people complaining, people also started complaining once it was taken down (168). A general rule of thumb is to use discretion and consider unintended readers, potential risks, and ways to limit the access to users only (169). Legality and accessibility to info in other countries is a touchy subject, as it’s an easy way to circumnavigate laws. In 1995, German prosecutors told CompuServe to block access to indecent articles; these were not only cut off from Germany, but the rest of the world as well (170). Yahoo had a similar issue for selling Nazi memorabilia which is illegal in France and Germany; however they still saw it (171). Censorship in other countries is commonplace and serves the government, for example in China not only must you register your internet with the police, but they filter a lot of material (democracy, religious sites, Google, Wikipedia, etc) (173). Companies like Google give in and comply to these restrictions, which angers many human rights organizations (174). In short, while the first amendment protects our freedom of speech, there are ongoing problems on the internet that deal with this and need to be addressed.



3. (Application)Name a specific example or NEW solution for this type of problem/similar situation in society or that you have experienced – BE SPECIFIC AND EXPLAIN?

After looking into it, there is one online freedom of speech issue that is compelling. Katherine Evans was suspended for 2 years for posting a hate profile for her teacher, which was found to have no especially rude or harmful material, and didn’t disrupt much. The Supreme Court is now ruling in the student’s favor, but it nevertheless is food for thought when it comes to noticing how free we really are to say what we want on the web. (More info here)



4. (Analysis)Address ANY that apply. How can you compare one of the situations in this chapter to something that does not relate to computers, technology, or the Internet? Be sure to reference the chapter and your solution. What ideas NEW can you add to the issue that is being presented within the reading? Try to connect what you have by reading this article and how it applies to the stages in Bloom's taxonomy in 2 full sentences.

This is easily relatable outside of the web, as we have had freedom of speech issues in just about every time period. Tiananmen Square is a solid example, a group of students protesting against the Chinese government were quickly thwarted by the government – and quite violently at that. I believe that freedom of speech on the internet should be the same as it is in the real world; you are free to express whatever your thoughts are as long as they don’t put anybody in danger (A hate speech gone violent) or cause public disorder (Yelling “bomb” on an airplane).


5. (Synthesis) Address all that apply. Do you agree with what is being said within the article (Why/Why not? Back up with FACTS)? What new conclusions can you draw about this (or other topics) after reading this material?

Baase seems to think that freedom of speech online is not only very important, but heavily protected in the 1st amendment. I agree with this, as even as one opinion is different from yours or you may see objectionable material, it isn’t a problem unless it physically hurts or threatens you. As Voltaire says, “I disapprove of what you say, but I will defend to the death your right to say it.” (149) This material has helped me realize that while this may be true, the internet may still be too racy for children, which is why monitoring them online or using filters is still a good idea, even if they don’t work 100% of the time. Adult content should be restricted, but other than that freedom of speech is essential to preserve.


6. (Evaluation) Address all that apply. Judge whether or not this topic is relevant in today’s society? Evaluate why you are viewing the topic in this manner based on your experiences. What ethical evaluations (see Chap1-1.4 for exp of Ethics) or decisions were made/can be assumed from this chapter? What new ideas will you make after reading this chapter?

This topic is extremely relevant to today’s society, as the internet is a new technology, and we clearly don’t have an exact formula for figuring out what is and is not okay to say and show on the internet. I believe in years to come we will have a more solid legal idea of it, but for now we are very conflicted. This section has taught me how necessary it is for me to be wary of what I post on the internet, as well as what I search, buy and view.






References

Baase, Sara. "Chapter 3: Freedom of Speech." A Gift of Fire: Social, Legal, and Ethical Issues in Computing. Upper Saddle River, NJ: Prentice Hall, 2008. 144-75. Print.

Kravets, David. "Student’s Facebook Tirade Against Teacher Is Protected Speech."Wired.com. Wired, 16 Feb. 2010. Web. 06 Oct. 2011. .

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